Torts Transcription Finals

Torts and Damages Transcription – September 1, 2012
When you say its really called “strict liability torts” or sometimes strict liability in
torts because no need to have prove negligence, there’s even no need show of fault. You
can think for instance a 2-folds? in courts and that’s implied with that, the other countries
they rationalize, we don’t need to file to impugn fault upon the other person in just one case
and separated from the reversal, we want to maintain being civil to with that person. So
you know how to impugn fault? There are rule on divorces that are right now, may be it’s
nicer because wa naman lang jud mo aligar pa siya is homosexual, if only one who is
separated from that income, there are such clauses and when think of torts separately
equals to be like that…that you don’t even have to impugn fault, and there are every limited
scenarios where that is sought. The reason why it is strict is in the sense that is
unnecessary to prove fault it was decided in US jurisdiction. Known also as liability without
fault.
Then you would ask, why are we impugning liability if there is even no need for us to
impugn fault? You would have to understand that this refers to scenarios where you derive
some sense of utility or pleasure as US courts had deemed and so you should bear the
consequence of having that activity. Its says this refers to certain activities that are useful
and necessary but that because of the certain basis that it create and that you have to take
on the risk, he who derives pleasure or utility from such an activity then he had to bear the
risk. At the start of the classes we’ve known that one of the functions of torts is to distribute
risk, so this would be one scenario that would distribute risk.
What would be example of strict liability tort? In the very limited scenario where you
are a possessor of animal, then if there is damage caused by that animal then you are the
one be held liable, take note that what the law provides that you only have to be possessor
no need to have be the owner and so please do not raise the defense that I’m just a
caretaker or that it was lent to me by my sister because can it happen that there will be
suits arising from the damage caused by an animal? Ownership is not even an issue, so
what if things if ownership is not a defense, force majeure such as nagbaha mao nakapa-
ak? It’s the fault of the one suing or the one who was injured or damaged. So you can think
of a scenario? Provoke, it merely happens that, for instance, let me share one scenario
that a client came to us because he was sued for violation of RA 9262, its Violence Against
Women and their Children he was sued because this 13 year-old kid allegedly suffered
psychological trauma in such a way that she was already performing poorly in school, there
are several psychological reports that were submitted from psychologist engaged by the
parents from VSMC, there was psychological reports to show that this child suffered
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psychological trauma arising from the fact that allegedly this client of ours that came to us
was bringing with him his Labrador and upon seeing the child urge the Labrador to chase
the child and the child was so traumatize coz we can understand there are some Labradors
that are HUGE, ay basta dako. One defense that this client of ours, he sent me several links
showing the nature of Labradors that they are child-friendly, that they are not aggressive,
do you think that’s a defense? NO! And that was the first thing that enter to my mind, “sir,
Vestil v IAC already decided that scenario where the Supreme Court saying its not even a
defense you would say that Your Honor this used to be tamed and all of a sudden became
disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

vicious and so I don’t have liability, that’s not a defense. You’ve got only 2 defenses, right?
1.) force majeure, if you can think of some scenario that is applicable and the other is 2.) if
you can prove it’s the fault or the damage was caused by the one suing.
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The long and short of it is that you only have 2 defenses:
1. Force majeure, if you can think of a scenario where that is applicable; and
2. When you can prove that it’s the fault of or the damage was caused by the one
suing.
That’s in the very law itself. But remember you can’t say that this one had been tame. You
can’t say that the dog was tame and was merely provoked by the child into biting the child.
The one very important case about this, and there’s just one case about this provision of the
law: it is the case of Vestil. SC furthermore explained why you are held liable for just being
the possessor of these animals. The Court said, it is based on the natural equity and
principle of social interest that because you derive some utility, pleasure, or service, then
you must take on and answer for the damage that is caused by such animal. Fair enough?
Take care of your dogs, eh, animals.
Then there’s mention of manufacturers and processors of food stuffs that they are
liable for damages and injury that may be caused by harmful or noxious substances that
they use there. The important part here is that it says never mind that there be no
contractual relation that exists between the manufacturer and that of the consumers.
I haven’t come across any case involving manufacturers and processors of food stuffs,
showing their liability, never mind that there’s no contractual relations; but there are
pending cases before the court. For instance, the one that I could think of is that there’s a
case filed against Cadbury’s because there were maggots in a package that was supposed to
be vacuum-sealed…that they found some maggots there; so they filed a case. And the one
thing you grapple with is, can you even file a case against Cadbury’s, when you bought this
one from Shell gasoline station in Talisay, can you? And I was thinking, maybe yes because
2187 says you don’t even have to have a contractual relation with the manufacturer or
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processor. But it’s still on the trial stage.
Same thing with those who sell prescription drugs, because there, the court said you
cannot even say caveat emptor. That’s a principle that doesn’t apply to druggists or
pharmacists because as far as they are concerned, they are strictly held liable for all the

medicine that they dispense to their customers. So the principle of caveat emptor will not
apply.
I don’t know why it’s there, but it’s there. Just to complete the discussion, for everything
falling from the building, it’s the head of the family that’s supposed to be held
liable.
Then there is such a brand of tort called Special Torts. As decided by the Court, this refers
to this chapter of human relation, such as … can you think of a provision relating to human
relations? When all else fails, Article 19! Article 19 onwards, 20, 21, 22, all the way 34, 35
and then certain provisions, 219 …These provisions relating to human relations, you can as
well call as special torts.
Why do you consider these special torts? Because unlike other torts you know where it can
be founded on negligence, at the core of every special tort, of every Article 19 discussion, is
malice and bad faith. So we will go to that later. SC said when we say special torts, this
would have reference to cases relating to human relations or the chapter pertaining to
human relations.
For instance, you’ve got this abuse of right principle. There’s no other provision you can
rely on when you say abuse of right; and that is Article 19. Some folks would memorize
Article 19… I remember once <story about this dinner on a non-competitive debate in
Ateneo de Davao, where one of the debaters, led the prayer on Dean Largo’s behalf recited
Article 19 as the prayer on her behalf>. Maybe you should start memorizing this provision
in preparation for the bar examination, when there is nothing more that you can hold on
to… and then those impromptu times when you’ll have to lead the prayer!
“Every person must in the exercise of his rights and the performance of his duties act with
justice, give everyone his due, and observe honesty and good faith.” August 10, 2012
So that is the bedrock of abuse of right principle. It says, even if you have your right, and
even if the law has conferred upon you some right, you cannot however exercise it in a way
that you will injure others, because you’ve got to exercise your rights acting with justice and
giving everyone his due. There is no other better example, no other example most often
used by authors than the right to litigate as an example of a right that can be abused.
Every person is promised of his right to litigate; that’s guaranteed. But when you file a case

that’s baseless and for no other reason, put to expense a person or harassing or cause
annoyance upon him, that’s an exercise of a right that causes injury to others.
But the mere exercise of a right, even if it does produce damage, cannot sometimes amount
to injury. As for instance, you file a case, in the exercise of your right to litigate, and that
case is not baseless; and so it goes on to trial. Even if in the end you lose, and so the
defendant was upheld. In the process, you’ve made the defendant incur expenses, right?
That’s for sure. Expenses, and another thing that’s for sure also is the waste of time; so the
waste of time and resources there, all because you exercised your right to litigate. But if
your exercise of the right to litigate is not abusive, then there can be no violation. There
can also be no compensation because that is in the exercise of your right. There is damage,
but there is no injury… as what we will be discussing later on. And what is compensable is
not just damage, but injury.
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…. the waste of time and resources – all because you exercise your right to litigate. What if
the exercise of that right is not abusive? Then, there can be no violation. There can be no
compensation because it’s in the exercise of your right. There is damage but there is no
injury – as we will discuss later on. And what is compensable is not just damage but injury.
That’s the scenario of damage without injury.
But the moment you exercise your right abusively, and that’s already the principle of abuse
of right (?), then you can be held liable for damages on the basis of Art. 19. And than that’s
reinforced by Art. 20. If you look at Art. 20, there is liability or damage if what you’ve done
is contrary to law. Then you move on Art. 21, you’ll find that even if not be contrary to law,
because if the action did not violate law but violates a certain moral, good custom, tradition,
or public policy, there’s a compensation. So you’ve got cases on that subject and that’s why
you have Court saying, “that our system for redress in civil law has become more supple
and adaptable than the Anglo-American system”, because, here, you need not violate any
law. Even if there is no law violated, if it is something contrary to morals, etc., then there
can be liability. There can be compensation.
Question is: What would then be an example of an act that may not be violative of a law but
contrary to morals, good customs, traditions?
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(Plagiarism – right, there’s no law, that’s an academic policy)
(Promise to marry to get her flower…)

Is promise to marry really a violation of good morals, good customs and tradition?
(If you use it to get the flower.)
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This time around, the basis will be jurisprudence, not law, you’ve got court saying there can
however be compensation for actual damages sustained, that is if there are actual expenses
incurred. But can you think a wedding that has no expense that you incur? Incur expenses
on invitations, downpayment for venue, flowers, videographer etc.. The one who breaches
the promise to marry must have to reimburse you for those actual expenses. But the breach
itself cannot be the basis for damages, the reason being it’s not considered violation of good
customs and traditions, because what is more of a violation would be to pursue a loveless
marriage.
So in all of those 19, 20, 21.. SC said at the very core of it is malice, which is very much
different from the concept of quasi-delict or tort that we know in the country that’s based on
negligence. Example, one student, threw himself into the bar review, only to find out he
failed in one subject the professor for which did not submit the grades on time. So he filed a
case against the school and against the professor, school as a sense of an employer, and of
course the professor, for the failure to submit the grades on time. SC allowed the grant of
actual damages but disallowed the grant of moral damages on the basis of 19 and 21
because SC said, there’s no malice on the part of the school that has been proven, not to
mention that, it was also so wrong of you to pour yourself into the bar review without
verifying whether you satisfied all the requirements. So here, SC highlighted the need for
malice and bad faith, before you can anchor your claim for damages on articles 19, 20, 21.
But you cannot interchange 20 and 21, you’ve got to choose, you’ve got to decide. Because
20 refers to violation of some law, and 21 will come in only if there’s no law violated but
that its contrary to good customs, morals and public policy.
We copied this usual, common cause of action in the US, called emotional distress tort
action. And in this 2003 case, this court action so common in the US became part of
Philippine jurisprudence. What’s an emotional distress tort action? If you ever feel like filing
a case and you want to call it emotional distress tort action, two things you have to
remember, every case that’s founded on emotional distress tort action requires 2 things:
1. Conduct of the defendant that’s so severe
2. Pain or damage on the part of the plaintiff that’s so extreme

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So if that is your thinking, that you will file this case based on emotional distress tort action,
the allegations should be about that because that’s the requirement. You’ve got court
saying, for it to be emotional distress tort action, the conduct of the defendant must be
extreme and outrageous, and the mental distress on the part of the plaintiff must have to
be extreme and severe.
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You’ve got courts saying, for it to be emotional distress tort action, the conduct of the
defendant must be extreme and outrageous, and the mental distress on the part of the
plaintiff must have to be extreme and severe.
So in this case of MVRS v Islamic Dawa’al Council, they were able to establish
conduct on the part of the defendant of having to write and allow the publication that says,
ngano daw kuno tong nganong dili mangaon ug baboy ang mga muslim, and assume for the
sake of argument that that’s the conduct that’s wrong. Court however said, ____ or filing
what you would like an emotional distress tort action, it has to be the conduct that’s just not
wrong but conduct that is extreme and outrageous. And the pain and the damage on the
part of plaintiff must have to be extreme as well. So that’s the every important requirement
if what you would like to style your cause of action is that of an emotional distress tort
action. And what’s also strange about this case is you’ve got court saying extreme and
outrageous conduct, that’s the requirement for emotional distress tort action, they tried to
define that.
What is an extreme and outrageous conduct? Conduct so extreme and outrageous,

conduct so outrageous in character, so extreme in degree. That’s the extreme an
outrageous conduct, all possible bounds of decency, and you’ve got courts saying, it must
be so terrifying as to naturally humiliate, embarrass or frighten the plaintiff. So everything
here must have to be in its superlative level. Otherwise, call it some other name, not
emotional distress tort action, because your case will be dismissed as has happened in the
case of MVRS.
Then here’s one for those who meddled into the affairs of others. For instance, you
caused the person to be alienated from family or a friend. Then article 26 of the Civil Code
will come in. This was an old provision, meddling into the affairs of others. x x x There’s a
twist to it if you inject the provision of RA 9262, because it can happen that the scenario
contemplated in article 26 is that you meddled in the private affairs of the other, so much
so that you alienate him from his/her family.
The question that was once raised was, if you do that, and it so happened that he was
already alienated from family and friends, can a civil case for damages be filed against you?
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What about the scenario where you’ve got a battered woman whom you rescued and for
whom you asked to file a case against the husband, and so the husband is now alienated
from the wife, and there’s a pending case against the husband for 9262, can the husband,
as the husband will surely think of, can the husband file a case against you for meddling
into the private affairs of his family? Please make no mistake that the framers of 9262 had

thought of that already and there’s an express provision in RA 9262 you find in Section 34
that says: for those who intervene and come to the rescue of the battered or violated
woman or child, they are exempt from any form of liability. And so, if the husband will ask
you, atty. Ato jud na xang balikan….Let’s file a case against the one who asked my wife to
file a case against me, who persuaded my wife to file a case against me on the basis of Art.
26. Please think that Art. 26 should be read alongside Section 34 of RA 9262, and you will
learn from there that you cannot be held liable civilly, administratively or criminally if you
come to the rescue of someone who comes within the violation of RA 9262.
So, sorry guys, there’s really no recourse that you can have. Everything is well thought of
by whoever thought of drafting this RA 9262.
Then there’s an old provision that says if you interfere into a contractual relation of the
other without legal excuse, then you can be held liable. Then, what I will ask of you in the
finals, in the form probably of multiple choice, the answer for which you can find by way of
the cases assigned of you is: What if, I know for a fact that A has an existing contractual
relation with B, the employer, let’s just say in a call center scenario, and I’m a 3rd person
who says, hoy! You resign from your job because in Convergys, for instance, you will just be
receiving 25k entry salary, whereas in Qualfon, we will give you 30k. There’s an existing
contract with Convergys and I ask him to give that up with a promise of a better salary.
Financial motives or consideration, is that not a legal justification, because if it’s not, then
you can’t be held liable for interference with contractual obligation.
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You are supposed to discuss many kind of mal-practice.
From the definition you will fined, medical mal-practice to be the failure of the physician to
apply that degree of care that you would inquire under ____ from the profession under
similar circumstances. This is the definition of the SC of what medical mal-practice is. Which
raises the issue of failure to provide the standard of care, the standard of care required
under the circumstances. How do you know what is the standard? The measure you defined
whether the physician has _____.
How do you know what is the standard of care? Determine and measure whether the
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physician has failed to exercise the degree of care required. How do you know the standard?
You consider what? Look at the definition of the SC of the case, it seems that you would
look at what is generally practice, for instance the doctor who is practicing here in the
Philippines is to be tested against Philippine standard and not from against the standards of
other parts of the world, such as, for instance, the US, it’s not explicitly said then, that you
can’t infer from the recordings of the SC that we have somehow adopted the locality rule, to
determined the degree of care that is required based what is prevailing in the society,

unless there is a general standard that applies to all kinds of situation, in all kinds of
circumstances.
There are some medical requirements that apply to all jurisdiction, and there are some rules
to consider, as they say that is disincentive to improve it, the quality of care that you would
provide, because if you will just test doctor in the locality then there is no incentive for them
to improve the quality, although if you hold him also the standard that is not present in the
locality then that is also not there, right?. So there is the locality rule that I think that even
the way SC defined what medical mal-practice is, but either way, what you have there is the
failure to provide the standard of care, failure by whom guys? What about nurses? Are they
suited to the suit of medical malpractice, other medical practitioners, such as
anesthesiologist, pwede? Don’t confine the idea of medical malpractice in doctors only, that
would have to include those who are in the practice of allied medical profession. Either way
failure to provide the standard of care that you would require but how could you
established? SC said, as a general rule, you will established a standard and the failure to
conform to that standard by expert only, by evidence of expert testimony who will tell us
first of all the standard that the standard therefore that the practitioner concerned made
rest of that standard. As a general rule, you go by expert testimony which is really relevant
in you advising your client, who wants to file a medical malpractice case that is going to be
costly the litigation itself. The causes involve are technical therefore as a general rule it
should be established by expert testimony.
Rare situation where the SC permitted, the decision of the case of five medical malpractice
even the absence of an expert testimony, and that is in application of res ipsa loquitor, in
other words there will be two matters that will be testified to as a general rule by
expert, even established the recognized standard in medical community and the
other layer of testimony that he failed in that standard, unless of course it says
you find the application of expert testimony not necessarily will res ipsa loquitor
comes from.
Ramos vs. CA, that naturally or usually operations under gone by Ramos would not have
resulted in her death because when intubate supposed to go to the esophagus.
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 Re: intubation in case of Ramos v. CA (cont’d):
 In this case, this was not where the tube was inserted, but was rather inserted
August 10, 2012
into the esophagus. In other words, there was no supply of oxygen/air to the
lungs, and so it resulted in bloated stomach as was really correctly described in
this case.
 Had the intubation been correctly done, it would not have resulted first of all to a
bloated stomach; and more so would have provided her with the needed air
supply in order that the operation would be successful.

 So here, because it is obviously clear that there was application of res ipsa
loquitur, you’ve got SC dispensing with the testimony of the expert and finding
there was indeed medical malpractice. (But that’s rare).
DEFENSES
What are the possible defenses that a doctor can raise or a medical practitioner can raise in
an medical malpractice case?
1. Plaintiff’s Own Negligence
 Remember that D&C(?)/”raspa” procedure case wherein the patient didn’t

anymore come back
2. Reasonable Diligence / Lack of Fault of Respondent
 In all the cases decided by the SC involving medical malpractice, the one thing
that’s clear is that SC is not only looking at doctors and medical practioners to be
insurers of life; that they cannot be expected to be gods in their own right to
insure life.
 All that is needed really is that there be no fault on the part of respondent that he
is not lacking in reasonable diligence in the performance of his task.
3. Doctrine of Informed Consent
 What you find in the case of Lee (2011 case)
 This girl who has to undergo chemotherapy only to die 2 weeks after the
start of the chemo. And the parents said we were never informed of the
risks that are inherent in the chemotherapy.
 Two things stand out here: while the court said doctors are not required to give
a mini-presentation about the medical profession, you’re not required blurt out all
of the medical principles involved, it’s also however a duty of the doctor to
explain the risks inherent in the treatment.
 So that the patient can make an informed consent in the sense that only after he
has been told of the risks and he consents to go on with the treatment or
operation in other cases. And then the operation or the treatment need not
become successful; then you cannot anymore fault the doctor because you did
exercise in that instance an informed consent.
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 What the court said here is that you must be presented with all reasonable
expectation of risks. And if you made an informed consent after that, then you
cannot anymore blame the physician or the medical practitioner if something
goes wrong thereafter.

 But that’s the whole point, it has got to be something that’s been explained to
you – the whole range of risks and consequences before you can be asked to give
your consent.
 I don’t know if you’ve ever been confined …but sometimes if you’ll undergo an
operation they’ll just ask you to sign a waiver of consent, and then it’s as if that’s
already your informed consent. Remember that the requirement of the
jurisprudence by way of a defense is not just any, but informed consent.
LIABILITY OF HOSPITALS
What about hospitals? Are they liable for acts of doctors practicing in the hospital?
In the case of Ramos this was mentioned. There were two decisions there by the SC:
1. Decision on the original case
 In the original decision, SC said hospitals are liable because these persons went
there and they were permitted to practice by the hospitals themselves.
2. Decision on the motion for reconsideration
 But in the MR, look at the argument of the hospital, it reminds you of your labor
class. The hospital said these consultants we did not hire. They applied and we
accredited them. Not hiring but accreditation.
 So you have your four-fold test and the economic reality test. Using the first test
of hiring, it’s not there, so the doctors are not employees, hence, the hospital not
liable.
 What about the fact that you have control, in the sense that if you do not
like the way they performed their function? You can refuse to accredit or
re-accredit.
 As to the fee, we do not give them pay for their services; it’s actually the
patients who pay for their services.
 And lastly, when doctor refers a patient for admission, it’s the doctor’s
prerogative how to treat him. The hospital doesn’t have a hand.
 And so in the MR, SC said there’s no employer-employee relationship and so

hospital cannot be held liable.
August 10, 2012
That’s if you read Ramos. And then later on, much later on in the Professional Services
case…
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….Supreme Court said that there is no employer-employer relationship. So you can’t be held
liable. That’s if we read Ramos. And then, later on, in the Professional Services case, you’ve

got Supreme Court saying that we may not apply the 4-Fold Test of Employer-Employee
Relationship in order to pin the liability on the hospital, but this:
Agency principle of apparent authority / agency by estoppel
Imposes liability because of the actions of a principal or employer in somehow misleading

the public into believing that the relationship or the authority exists (NCC 1869)
PSI publicly displays in the Medical City lobby the names and specializations of their
physicians. Hence, PSI is now estopped from passing all the blame to the physicians whose
names it proudly paraded in the public directory, leading the public to believe that it
vouched for their skill and competence.
If doctors do well, hospital profits financially, so when negligence mars the quality of its
services, the hospital should not be allowed to escape liability for its agents' acts.
So, while the liability of the hospital may not be based on ER-EE relationship, it can,
however, be anchored on the principle of agency by estoppel. Precisely because by holding
out the names of these consultants, it’s the hospital holding out to the public that they are
part of the hospital.
What about other members of the team? Such as your anaesthesiologist, assisting
doctors and assisting nurses. For their conduct, in the recent Professional Services case,
Supreme Court used the Captain of the Ship rule. Under the Captain of the Ship rule,
you hold the head/operating surgeon liable because the operating surgeon is the
person in complete charge of the surgery room and all personnel connected with
the operation.
Let’s go to Damages:
(For the Finals, Trial Memo we cannot dispense with. Rumors, rumors, Rumors. Bar
exam, etc.)
August 10, 2012
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Administrative Matter No. 99-2-04 (passed 2004) –
re: SC prohibiting rejoinder (to be used as our basis for the making of trial memo/ what a
memorandum should contain)
-statement of the case: should contain a statement about what the case is, the nature of

the action; should be clear and should state the nature of the action,
summary of the proceedings that had been taken and the nature of the
judgment
-statement of the facts: clear and concise statement in narrative form of established facts
(established facts: judicial admission; admitted by parties/not
refuted by parties; has been testified)
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But either way, you’ve got to deal with torts and then deal with damages.
If there’s any subject that you will find very much useful in your practice, whether
you engage in litigation or in corporate work with no litigation on the side, whatever it is,
whatever area of law you’d like to engage in or involve yourselves in, you will be dealing
with the aspect or issue of damages. Why? Because for every damage upon your client,
you’d be asking for compensation, you’d be asking for reparation. So no matter the kind of
case, even if it’s criminal, labor, corporate, civil, you will have an issue of damages. So, that
to me is one very important reason why you should study damages. And when you do study
damages, I’d like you to pay particular attention to three areas.
You cannot be submitting complaints in court that contain prayer for damages with
damages that co-exist with other forms of damages that exclude each other. As you will be
discussing and learning damages, you will be learning that there are certain kinds of
damages that cannot co-exist with other kinds of damages. Example: what if, you will later
on learn that actual damages cannot co-exist with nominal damages, so you cannot
therefore be saying, wherefore premises considered, it is prayed of the honorable court to
grant actual damages, temperate, nominal, because for all you know one excludes the
other, one is so incompatible with the other. So take note of damages that cannot co-exist
just as there are damages that must co-exist.
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As you will later on learn, if you just pray for these kind of damages without praying for
another complementary damages, then the court cannot award. Because just as there are
damages that cannot coexist, there are also forms of damages that have to coexist.

And then most importantly, you want to know what are the particular, specific requirements
for that particular kind of damages, for instance, if you go about praying for the award of
actual damages, you must know what needs to be established in order for the court to
award the actual damages. If you are asking the court to grant you exemplary damages,
you must know what are the requirements before the court can grant you the exemplary
damages. So these things you must take note of: there are damages that must coexist,
there are forms of damages that cannot coexist, and then you must know what are the
requirements for each kind of damages.
“X was unable to take the Bar Examinations due to the failing grade given by his teacher. Is
X entitled to damages?”
Is X entitled to damages? When will X be entitled to damages, and when will X be not? In
the case there is bad faith on the part of whom? Bad faith is the one then that will cover
damages upon, trigger the grant of damages upon X? Remember that it’s given that X will
feel bad. Is there anyone who will not feel bad…? Besmirched reputation, sleepless nights. x
x x grades of students are to be kept confidential, under 18 to be released to parents x x x
but if you are already of age, grades are to be kept confidential, so we can always say, I
didn’t mean to damage your reputation because your grades are confidential under the law,
but there’s damage, right? But does that anguish, and sleepless nights and days, are those
enough to compensate? I pose that question and I pose another, SunStar Cebu: ‘Vandals’
barred from enrolling; school considers offense ‘grave’. So, students of Talisay City College
were not allowed to enroll and so they sued for damages. They were not allowed to enroll
because they vandalized the posters of other students, the posters of students taking up
Hospitality Management were vandalized by these students and so they were barred from
enrollment. Tuod bitaw guys, vandalism, you think is a simple offense, is a major offense
under the manual regulation for private higher education. Another case. It’s real. It can
happen in real life. Students not allowed to graduate filed a case for damages against the
school after they were not allowed to graduate because of a failing grade. x x x Nursing
students of SWU filed a case against SWU because they were not allowed to graduate x x x
it’s not some criminal case, it’s a civil case for damages. So, the question that is brought to
court is: are they entitled to damages?
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August 10, 2012
Can ask for damages???
1. Yes ma’am, because the teacher was able to prove that the teacher did not perform his
duties according to or what was required of him on giving the correct mark, they can
because, if he was given the correct mark he could have been a _______.

2. I don’t think he is entitled to damages, because, showing a grade is only discretionary,
and I think, the school or the teacher will only be liable of damages if or in a situation where
the student is force to ____ expenses due to absence of the grade (MA’AM: focus on the
situation. Entitle to damages? Students not permitted to enroll in the school of thought.)
The student there, I think would still not liable for damages, because the school has the opt
or has the right to choose which student they would like to have enroll in their school based
on a written criteria.
3. in this case, also ma’am, the injury caused violation of the legal teaching of the teacher.
(ma’am: because there is an injury that is not a violation of the legal teaching.) Since the
students are, well acquainted of the rules of the school, therefore they should have followed
it, knowing such guidelines, it is there own fault. (ma’am: you said there is an injury?
Where’s the injury now?) barred from enrolling. (ma’am is that the injury that you find,
[other student called])
-----------------
Reference: 3 situations for the day’s discussion -
Situation 1: X was unable to take the Bar Examinations due to the failing grade given by
his teacher. Is X entitled to damages?
Situation 2: Vandals barred from enrolling, school considers offense grave. (Sun-Star April
20, 2012)
http://www.sunstar.com.ph/cebu/local-news/2012/04/20/vandals-barred-enrolling-school-
considers-offense-grave-217229
Situation 3: They were not allowed to graduate: Two nursing students sue SWU for
damages. (philstar.com-cebu, April 19, 2012)
http://www.philstar.com/Article.aspx?articleId=798481&publicationSubCategoryId=107
August 10, 2012
What is the injury here (referring to Situation 3)?
 This is where you need to distinguish between harm, hurt, loss from injury. Or are
they the same?
o No, they are not the same.

What is the damage?
 One of which is the pain, the anguish, the mental anguish, the besmirched
reputation, or the humiliation.
What is the injury, if there is? Would it be the same?
Since this is a suit for damages, if you were the counsel who was approached by these
students, what would you look for?
 Injury.
What do you think will create an injury there?
-----------------------------
… Applying that in the case, what do you think will create the injury?
It is important for us to distinguish damage from injury. Because, take for instance,
this case: (case study/situationer on Damnum Absque Injuiria) Precisely, guys, Injury is
violation of some legal duty. And the one thing that will bring about damages, is what? Is it
the hurt that you’re feeling? Is it the loss that you suffered? Is it the monetary loss? No?
Simply because there is damage doesn’t mean that you’re entitled to damages. Do you
follow?
So when a client comes to you, and pours out all the loss, hurt, or harm, that he has
experienced, please do not go on typing right away the compliant for damages, because
damage is not what you look for if you want to determine whether a person is
entitled to damages. What you’re going to look for is more than the loss, hurt,
August 10, 2012
harm. What you look for is the fact that these arose from some violation of a legal
duty. What you look for, therefore, is injury. Because, where there is injury, there is
damages. And that’s not wrong grammar because damages is the compensation we get for
the loss, hurt, or harm, arising the violation of a legal duty. (HAHA meticulous kaau oi)

So, if somebody comes to you, saying, “I saw my name written as on of the
candidates for graduation. As a result, I invited all my relatives from Canada, US and
Europe. So, we’re planning a grand reunion in time for graduation and in celebration of my
graduation, only to find out that I failed.” That’s grave embarrassment, yes. But it’s not
enough. Okay?
Damage without injury will never result in damages. So, what will result in damages
is damage coupled with injury.
After ascertaining that there is injury, the next step is……..

Okay, the scenario is, you have government wanting to look for alternartive sources
of energy. And one of which is Hydrocracking. So some residents have to leave their house.
But this one particular resident was so…
------------------
Scenario:
The government is looking for alternative and clean sources of energy, and one of those
which has been actually tapped, and existing in reality is – hydrofranking – a procedure
wherein rocks from underneath the surface are opened or cracked and give off natural gas.
But it was also found out that when franking is not done well, it can give off methane that
can contaminate drinking water, and which has in fact happened. Many residential houses
have vacated. But one particular resident was most especially affected because he suffered
from a rare disease affecting the nervous system, rendering him immobile, with difficulty in
speech, and having depression and vision loss.
He comes to you and asks you if he can file a case.
1.assume there is damage
2.assume there is injury
3.determine whether it is an injury which would bring about-
a. general damages
b. special damages
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4.determine the requirements for the specific kind of damages you prayed for
General damages?
-those which are reasonably expected to occur in a given act or omission

example: a person who was boxed, or physically injured. The usual result of physical
injuries – bruises, incapacity etc. (categorized as general damages)
- no need to be specifically pleaded
- can be embraced in the general prayer
Special damages?
- same situation- but if complications arise eg. inability to bear a child
(categorized as special damages)
-must be specifically pleaded
-cannot be embraced in the general prayer
-----------------
Okay, so let’s star discussing one of the kinds of damages: Actual damages.
The Civil Code defines that: actual or compensatory damages would be the adequate
compensation for the pecuniary loss that you suffered as has been duly paid.
Several things you need to look into: first, is that when we say actual damages, what you
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are dreaming(?) for there for compensation is some monetary loss. Which means that if the
damage that you felt refers to something emotional (as Frank would have it), then your
damages need not be actual, because 2219 says actual damages is for pecuniary or
monetary loss. The other thing you need also to remember is the compensation for the
monetary loss that you have duly proved. So if it’s something you did not prove, you might
be able to ask for it under some under names, but definitely not as actual damages,
because for it to be actual or compensatory, it must be monetary loss that can be duly
proved.

Perhaps there’s a reason why it’s even called actual damages. Because it refers to the loss
actually suffered and actually proved. And then there’s probably reason why its other name
is compensatory, because it is meant to give you full compensation, it says adequate
compensation for that which you have duly established. Because that will tell you then, how
do you go about establishing actual damages? What do you think is the requirement for the
grant of actual damages? The proof of the actual loss suffered. Which is why SC said
generally it cannot be by mere testimony. For instance, somebody died and we all know
there will be expenses for when you die, but the court said where are the receipts? We
cannot just grant you 50k in burial expenses if you don’t see receipts, and we cannot grant
you 50k in burial expenses and call that Actual Damages. So court said there has got to be
something more tangible. For whenever you claim for actual damages, you need to prove
that, adequately, otherwise you must for something else, some other kind of damages but
not actual damages.
And then from definition the law meant to give us adequate compensation for monetary
loss, and so because it’s meant to be adequate compensation, it is then followed in 2219,
2200, it is then followed with a statement that for it to be an adequate compensation for the
monetary loss it must include: the value of the loss plus the profits that you intended to
gain. In other words, the unrealized profits. So if that’s the case, because it’s
something that’s yet to be realized, does that excuse you from exempting proof?
Again, no, because you’ve got to relate article 2200 with article 2219, that you’ve got to
duly establish your loss. So there must be receipts as to your basis for claiming that
this would have been my profit, which I was not able to realize.
So let’s try to look at various scenarios. In the case for instance of breaches of contract, or
quasi-contract, the law itself says: actual damages shall come in the form of all of the
natural and probable consequences of the breach if it was done which could have been
reasonably foreseen if the breach was done in good faith. Bur in case of fraud, bad faith,
malice or wanton attitude, then you will be liable for all that may be reasonably attributed
to the non-performance of the obligation.
X is a design consultant of Designia, Inc., a domestic corporation engaged in the

August 10, 2012
manufacture of high-end hotel furnishings, and with clientele list that included Four Seasons
Hotel, Hotel Intercontinental, Raffles, The Peninsula, Jumeirah Group and Marco Polo.
Designia contracted with Crowne Plaza Dubai for the refurbishing of its 750-4oom hotel in
Dubai, UAE. The contract price is USD100M. If X breaches contract with Designia, Inc.
resulting in the latter's failure to timely fulfill the conditions of its contract with Crowne
Plaza Dubai, what is the extent of X's liability for actual damages?

Have a look at this problem ‘cause we’ll take this up come Friday.
---------------------------------------------------e n d----------------------------------------------
Compensation for damages. When there is an injury?
Ma’am: If there is a violation of legal rights or legal duty, its simply because there is
damage doesn’t necessarily translate into injury, there is damage even without violation of
legal duty. Can you think of a scenario once more where it’s possible to sustain damage
without committing an injury?
The exercise of police power ma’am, in that case there is damage without injury. The state
exercises police power.
Ma’am: be very specific for instance.
There is a billboard that is dangerous, so the owner of that billboard will incur damage but
no injury for he cannot seek for damages because it is dangerous.
Ma’am: may be a building that’s ____. Student: because it will collapse.
Ma’am: then you’re ask of the city or local govt. unit as protective as that to take it out. The
first thing you do, the matter you ask for is for is general or special damages, for purposes
of determining what will you specifically entered in your complain. If it’s in the nature of
general damages, then you specifically plead up for as long as you have this hand’s on
prayer, statutory relief, in particular injury. Special damages, then you have to specifically
plead up it in your plea. And then we discussed already examples of special damages (and
actual damages?), can you give us an example.
In the case of physical injuries ma’am, actual damages did not yielded to recovery. Uhmm.
Also, there is a violation in the contract of carriage, there is the no need to prove to recover
damages.
Example of special damages, if there is a violation of the right to ______.
Ma’am: first of all what we do understand about special damages?
Damages which, recovered based on specific person.
Ma’am: special damages does not mean that for particular person.
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Special damages, incurred by a particular person by particular circumstance.
Ma’am: what do you mean special? It flows really from the act. But it is such from such
nature that it doesn’t genuinely occurred. Like the one we mentioned last time… When we
say therefore of actual damages, what is sought to be compensated???
Pecuniary lost.

Pecuniary lost.
Ma’am: Monetary lost must be established. Testimonial evidence might not suffice because
proof of documentary evidence is needed. Let’s look into the kind of situation of actual
damages. When we say actual damages, remember it is compensation for monetary lost
that has been injured. So what is the component’s of actual compensation? When you have
of course the value of the lost suffered as well as the possible profit that has been made. ..
Quasi contract, the law says to award actual damages if the breach is such that it
reasonably foreseen from the act, and then it made mention to award damages if there is
bad faith or malice. So with this as background, let’s try to answer this question.
Ma’am: Realize a situation on Cebu based companies. Does not fulfill it’s obligation or
commitment. Can you breach a contract in goodfaith?
---------------
Case discussed in this day’s meeting:
X is a design consultant of Designio, Inc., a domestic corporation engaged in the

manufacture of high-end hotel furnishings, and with clientele list that included Four Seasons
Hotel, Hotel Intercontinental, Raffles, The Peninsula, Jumeirah Group and Marco Polo.
Designio contracted with Crowne Plaza Dubai for the refurbishing of its 750-room hotel in
Dubai, UAE. The contract price is USD100M. If X breaches contract with Designio, Inc.
resulting in the latter's failure to timely fulfill the conditions of its contract with Crowne
Plaza Dubai, what is the extent of X's liability for actual damages?
-------------------------------------------------------------------------------------------------
It’s possible that X may breach the contract in good faith, as when he may have had flu.
On the scenario that X breached the contract in good faith, how much should X be liable?
 He should be liable for the natural and probable consequences of the breach; those
that the parties have foreseen or could’ve reasonably foreseen.
August 10, 2012
The one possibly filing this case is Designio, Inc. because it was the one who was not able
to fulfill its contract with another party because of X. So how much should X be liable here
in so far as Designio is concerned? Is there anything here that indicates what the parties
could’ve foreseen?
 The extent of the loss is the contract price, USD$100M.

Let’s assume that the breach is in bad faith. What else is X liable for?
 All the damages that are probable consequences of X’s breach.
Can you think of possible damage which may not have foreseen by X at the time of breach,
but which flows from his failure to honor his obligation with Designio?
 The other thing you have to remember is that if the breach is in bad faith, he is liable
for all probable consequences of his act, never mind that he may not have foreseen
it. The one thing that comes to mind is that what if for instance Crown Plaza simply
wanted to use that as a test project for Designio, Inc. because had it been satisfied,
it would have been asked to design and refurbish another hotel Burj Khalifa – the
tallest structure in the world until China finishes its structure in 2013. And the only
7-star hotel in the world at least for now, where we were told the perfume they use
is Hermes which is at 12,000 per bottle …. The bed is coated with gold…
-------------------------------------
… So, had it been satisfied with the performance of Disegno, Inc., it would have been the
one to tap this project. Then, probably we can say that’s the probable consequence of X’s
breach even if not foreseen. The point, being, that if the breach is done in bad faith, malice,
or in wanton attitude, he is liable for things not foreseeable as a probable consequence for
his action. Then, that’s for contract.
Of course, we go into the question of what if it’s in the case of crime or quasi-delict.
The consideration therein is not whether it’s foreseeable (which is the consideration in
breach of contract), BUT whether it is the probable consequence of the act or omission. It
it’s the probable consequence, never mind that it may not be foreseeable, then you can be
held liable for damages (Eggshell Skull rule).
So, how much? For the fact of the death, P3000. But Court had interpreted that
depending on the number of aggravating circumstances, the standard amount of civil
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indemnity for the fact of death is P50,000. The courts here in the Philippines will grant you
actual damages of P50, 000. Then if it’s aggravated with other circumstances, it can go as
high as P75,000. In addition, he should be receiving compensation for the loss of earning
capacity. And if the one who died is the one asked to give support to one who is not his
heir, then it will be included in the computation of actual damages.

But how will go about computing the loss? Just to give you an example. Even in the
latest decision of the Court, the civil indemnity for the fact of death is pegged at P50,000 to
P75,000, depending on the aggravating circumstances. And then, you look the loss of
earning capacity, you are being told that in cases you are self-employed, you look at the net
income which earnings less expenses. In the absence of proof of how much is your expense,
it is pegged at 50% of how much your income is. It is presumed to be 50% of the gross
earnings. And then you have this formula:
Net earning Capacity = [2/3 x (80 – age at the time of death) x (gross annual income
– reasonable and necessary living expenses)]
Then the other component is, for crimes or breach of contract or quasi-delict, there
is always the aspect of interest that the court will award.
Scenario 1: loan or forbearance of money
(Eastern Shipping Lines case)
*Interest for the aspect of damages is different from interest for the use of money.
The interest due should be that which may have been stipulated in writing, it
has reference to the interest for the use of money. But that interest for the use of money
can earn interest and that interest earned for the interest for the use of money is the
interest as an item in damages. Furthermore, the interest due shall earn legal interest, but
when? From the time it is judicially demanded.
For example:
Principal Amount: P100,000 with interest of P10% (stipulated in writing)
Interest: P10,000
So at the end of the year, I do not pay, will there be interest for the interest? No. Interest
due shall earn legal interest from the time it is judicially demanded. So, you’ve got to
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prescribe (?) in court before legal interest will accrue.
In the absence of stipulation, the rate of interest shall be 12% per annum to be computed
from default, i.e., from judicial or extrajudicial demand. The provision here is 12%, can you
guys agree on 24% per annum?

-------------------------
Interest due shall earn interest from the time it is judicially demanded. So first file a case in
court before this item of interest will accrue.
Interest due as an time of damages will already commence to run on the interest only from
the time it is judicially demanded.
In the absence of stipulation, the rate of interest shall be 12%/ annum to be computed from
judicial or extra-judicial demand.
Can you agree on a 24%/ annum? Yes.
But can you agree that the interest will be at 3%/month?
As long as it is not an unconscionable rate of interest. If it hovers between 2-3% there is no

categorical ruling of the court. But the moment it reaches 5%/month – Ruiz vs CA is your
authority that says that such interest is already unconscionable and should be struck down
as void and invalid, thus it’s as if there is no stipulation – so use the legal rate of interest.
Scenario:
Filed a case on Sep. 22, 2012
Case decided by trial court – 2017
by CA – 2020
August 10, 2012
by SC – 2025
=13 years.
How much will you be asking by way of interest at the end of this case? 12% in the absence
of stipulation.

But what if for instance it’s not a loan?
NOT A LOAN/FORBEARANCE OF MONEY
Rate of 6%/annum, from the time it is demanded.
Scenario same as above.
Thus,
2012-2017 – 6%
2017-2020 – 6%
2020-2025 – 12% - at this point the decision of the court has become a debt on the part of
the judgment debtor. And so it becomes a loan or forbearance of money. From finality up to
the time it is paid, the interest that should be computed will already be 12%
However no interest shall be adjudged on unliquidated claims of damages until such

demand is established with reasonable certainty.
Scenario: Not a loan but amount not yet determined with certainty
You were suing for damages due to libel. – 9/22/2012 – for 5 million
But that’s something that’s not determined yet with certainty coz you don’t really know if
court will grant you 5 million. So from the time you filed it in 9/22/2012 – if based on an
amount that’s unliquidated, no interest for damages would run until such time established
with reasonable certainty.
When is it determined with certainty?
2views:
1.From the time judgment rendered at trial court
2.From the time judgment rendered at SC

August 10, 2012
You only need to have an idea of this to determine if the sheriff correctly computed how
much client should be getting, but otherwise, it’s not our job.
-----------------
Take note of the award of attorney’s fees is not the general rule. Why? Because this is a
case even if I spend on attorney’s fees, this is a case of damage without injury, because,

the reason why I spend on attorney’s fees is because he was exercising his right to litigate.
And the exercise of a right, and a valid one at that, will not result in injury.
So that’s in fact an example of damage without injury - the exercise of a right to litigate.
If I file a case in the exercise of my right to litigate the one who had been put to expense
has incurred a damage - the expenses, the lost time, resources, but that’s damage without
injury.
If I exercise my right to litigate in good faith, because there’s such a thing, remember?
Special torts, abuse of right, if I abuse my right to litigate, that’s when there is already
injury.
That’s when these expenses will be compensable, and that may be in the instance where
attorney’s fees will be awarded.
But as a rule, attorney’s fees cannot be recovered, precisely because there should
be no premium on one’s right to litigate.
So in these instances you will notice that the right to litigate was abused with abuse already
in violation of your article 19 etc., so when the defendant acted in unfounded civil action or
proceeding, in bad faith, gross and evident bad faith etc.,
Guys, the reason why this one is important is because when you go about asking for
attorney’s fees as an aspect of actual damages in your complaint, make sure you allege the
legal reason why attorney’s fees should be awarded by the court.
In that complaint, the court should find some of these grounds, because if these grounds
are not there, then attorney’s fees shouldn’t be awarded.
So you cannot just say wherefore, it is respectfully prayed of the honorable court to grant
actual damages in the sum of blahblahblah and attorney’s fees in the sum of 100k and
expenses in litigation in the similar amount of 100k, without, in the body of your complaint,
providing the reason why the court should grant attorney’s fees.
So you should put there that the act of the defendant of breaching the contract in wanton
attitude has compelled the plaintiff to litigate and incur expenses because that’s ground __.
So this one is important because if you are asking for the court to grant you damages,
make sure that some of these grounds are pleaded in your complaint.
If it’s pleaded, the court will be able to grant attorney’s fees upon the compliance of certain
August 10, 2012
requirements.
But here, attorney’s fees as payment to counsel: Attorney’s fees in art. 2208 is attorney’s
fees as item of damages. So like you already know, it will not go to you. Is there a chance
it will go to you? When? If there is an agreement, x x x SC in the case of Quirante
v IAC, it’s an aspect of damages that goes to the litigant as aspect of damages and
not to you.

Remember this Fasap, very controversial case that brought about the fall of Corona. x x x
2208 there are two concept of attorney’s fees: the ordinary, is that the attorney’s fees as
reasonable compensation for your services. Then there’s the extraordinary concept, as
indemnity for damages and so goes to the party, not to the lawyer, we all know that. But
the reason why this is assigned is because SC said the award in 2208 is payable not to
lawyer but to client because it’s an aspect or item of damages, unless they have agreed
that the award shall pertain to the lawyer as additional compensation or as part
thereof.
So you can probably say attorney’s fees: acceptance fee in the amount of X + the attorney’s
fees that may be awarded by the court in the final judgment or by way of amicable
settlement.
xxx
Now, if the court awards attorney’s fees ___ kay kung wala sad na xa diha, you might want
to call the attention of the court, otherwise, if it’s assigned as an error on appeal, the higher
court may reverse(?). So the court has to be right in awarding you attorney’s fees.
And so what are the requirements for it to be validly awarded?
The reason for the grant of attorney’s fees must first be in the body of the decision, must
first be in the text. So, you can very easily remember this. It must first be in the body and
then later on, it must be in the wherefore.
Let’s first talk about the first requirement: it must be in the text of the decision. Because if
it’s just in the wherefore, that’s an erroneous grant of attorney’s fees. It must be
in the text.
But what must be in the text of the decision? Both the facts and the law on which
the award of attorney’s fees is based. So the text of the decision must contain the
FACTUAL and the LEGAL basis.
And then even if it’s in the text, x x x it’s so nicely said, both the legal provision of art. 2208
and the facts on which that legal provision is based, but in civil procedure, rule 39. If there’s
any rule you should remember, it’s rule 39 because that’s where the money is. In rule
39 you very well know that that part of the judgment that you can enforce is only
the dispositive portion. In fact you go about enforcing the body of the decision, not
the dispositive portion, that’s in grave abuse of discretion, for which the order will
be void. So the one you can enforce really is just the dispositive portion. So even if it’s so
nicely said in the text, if it doesn’t find its way in the dispositive portion, you still cannot
August 10, 2012
enforce.
So 2 things you must remember: it must be in the text and then of course, the equally
important part, it must be in the dispositive portion.
That’s actual damages.
---------------------------------------------------e n d----------------------------------------------

Ma’am: Components of actual damages.
Whether the violation was based on the contract. But before that, there’s a stipulation as to
the interest. That interest on top of another interest, after which after upon the finality of
the decision of the court that 12% there is another 12 %, however if the application is not
based on concurrence of money then the 6% interest will run from the time there is
extrajudicial demand upon the finality of the decision the 12% will run because it will be
considered as forbearance of money and the attorneys fees it is not awarded together, but
an award that will given whoever wins the case. Attorney’s fees is awarded to compensate
the person who has won the case. The general rule, there is no award because there must
be no taking of someone’s right to _____.
Ma’am: what are the requirements for attorney’s fee to be awarded?
It must be reasonable and it must be based on extent of services, and also based on
professional standing… it should also be one of those that are allowed by the law, they must
also be seen in the text or the body of the decision, the amount, the factual and legal basis
for the… the reason for awarding, legal basis. It must also be seen in the receipt. The
dispositive portion that is carried out or effective.
Ma’am: You can enforce the writ of execution is your dispositive portion. Legal,
factual basis but not in the dispositive portion ask for motion a partial
reconsideration of the judgment. In the absence of stipulation ______ extraordinary
concept of attorneys fee.
If based on a wrongful act or omission in that case if the defendant in that situation have a
right or was in the right to, on the bare facts, precisely _____.
Ma’am: The first thing you have to learn about moral damages, you’ve got this wounded
feelings, serious anxiety, besmirch reputation. Even if they’re there and they did not flow
from the wrongful act there will be no damages. How do you distinguish it then from the
grant by the court of actual damages?
-----------------
Difference between Actual Damages and Moral Damages:
Actual Damages Moral Damages

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As to Nature - Must be proved with exactitude - Must be proved but not with
exactitude as in actual damages;
- Because it is pecuniary loss
- Meant to indemnify us from

besmirched reputation, shock,
serious anxieties, and sleepless
nights, wounded feelings.
- None of which refer to something

pecuniary, and therefore cannot be
proven with exactitude
As to - In order to indemnify as an - In order to restore him to his

Purpose adequate compensation for the spiritual status quo ante
monetary loss.
- You want to bring him back to

what he should’ve earned
monetarily
The same with both actual and moral damages:
- The wrongful act would have to be the proximate cause of the resulting injury.
You need to determine that it’s the proximate cause.
It’s still an amount that you award in moral damages, as in actual damages; but where does
the difference lie?
Remember the SC’s statement in that case involving medical students who passed the
medical board exam and so they went to Hong Kong, and in that trip to Hong Kong nobody
was there to meet them. So as a result, they were so shocked, they were so anxious
knowing that it’s their first trip abroad. Court granted moral damages for that serious
anxiety. But what was the purpose there?
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Actual damages you grant him an amount in order to indemnify as an adequate

compensation for the monetary loss. You want to bring him back to what he should’ve
earned monetarily. But here in moral damages, you grant him money in order to restore
him what SC calls, not your monetary status quo, but your spiritual status quo ante. So
that’s the difference. As to nature and as to purpose.

When Moral Damages May be Awarded
ARTICLE 2219.Moral damages may be recovered in the following and analogous cases:
(1)A criminal offense resulting in physical injuries;
(2)Quasi-delicts causing physical injuries;
(3)Seduction, abduction, rape, or other lascivious acts;
(4)Adultery or concubinage;
(5)Illegal or arbitrary detention or arrest;
(6)Illegal search;
(7)Libel, slander or any other form of defamation;
(8)Malicious prosecution;
(9)Acts mentioned in article 309;
(10)Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this
article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action
mentioned in No. 9 of this article, in the order named.
Let’s have a look at cases where moral damages may be awarded. If you read the opening
statement in Article 2219, you will note that the list of cases there are in no way exhaustive
because it’s this “plus” analogous cases.
If you look at this instance where moral damages may be awarded starts with for whenever
there’s a crime resulting in physical injuries, Court should award that moral damages. If it’s
August 10, 2012
quasi-delict which resulted to physical injuries, that’s when court should award moral
damages. And then in the case of seduction, abduction, rape, and lascivious acts, as well as
adultery and concubinage, and so on.
Libel

But I’d like for us to take particular attention at libel. First of all, jurisprudence has
developed a different flavor of libel, and the recent RA 10075 (?). There is now such a thing
as libel in the internet. So let’s have a look at libel. What do you guys remember about
libel?
ARTICLE 353.Definition of Libel. — A libel is a public and malicious imputation of a crime, or

of a vice or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.
ARTICLE 354.Requirement for Publicity. — Every defamatory imputation is presumed to be

malicious, even if it be true, if no good intention and justifiable motive for making it is
shown, except in the following cases:
1.A private communication made by any person to another in the performance of any legal,
moral or social duty; and
2.A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, or of
any statement, report or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.
You go to the RPC and it tells you libel is the public and malicious imputation of …etc. And
then it makes mention that even if it be true, for as long as you make a public and
malicious imputation, then that’s libel.
------------
…and even if it be true, for as long as you make it public and there’s malicious imputation,
then that’s libel. The first thing about libel is that there has to be an allegation that it was
read by someone else – because of the requirement of publicity. So, public and malicious
imputation. That is why Chief Justice Puno said, “what libel seeks to address is the
relational interest of parties in the community.” And so, even if you’ve been hurt by
something that has been written about you but no third person has seen such malicious
imputation, there cannot be libel because it does not affect the relational interest which is
August 10, 2012
the object of libel.
So, there has to be a public imputation and public doesn’t mean all of us. If there’s
another person, other than the one making the malicious imputation and the one who’s the
object of such malicious imputation, then there’s already libel. And because, Supreme Court
actually said, “what it seeks to protect is the reputation.” And when you say reputation,

it isn’t the high regard you have of yourself, but the high regard others have of
you, so, others – another person who must have seen the malicious imputation.
And then it went on to say that the other requirement is that the imputation will
have to malicious. And the thing is, malice is presumed from the mere fact that the
word is defamatory. So whenever it is defamatory, there is presumption of malice. Except
in Art. 354, remember that there are two situations contemplated. For instance, it’s a
public reporting of fact without any comments, even if there is something defamatory,
if it’s just a reporting of what has transpired like in judicial, legislative assemblies, then it is
privileged.
But the other is, if you write to someone who has moral authority in performance of
your social or legal duty. For instance, you wrote about me to the president of the
university who has legal authority over us employees. So, you said, “Dear father, I would
like to complain about our teacher.” Then, you state why you’re complaining about me.
Well, that’s defamatory. For example, you say, “We do not understand anything at all
during the entire semester – a total waste of time and money.” Assume that that is
defamatory, but if your purpose is the performance of a moral, legal, social duty that there
should be an end to the hiring of teacher who is utterly incompetent. So, that’s defamatory
but that’s privileged. For it to be a privileged communication, it has to be made by someone
in the performance of a social, legal duty. But go about writing about me to your Lex Circle
president, who has no moral or legal authority over us. And so you say, “Hey, this teacher
of ours is very terrible, very incompetent, etc.” That’s defamatory and that’s not in the
performance of a moral, legal or social duty because he or she (Lex Circle president) doesn’t
moral authority over us employees.
Then fast forward instances where it’s not in a judicial proceeding you are reporting,
neither is it you are writing in the performance of a social, legal duty. As when for instance,
a comment, an opinion made by a columnist. Or it’s a book written by an author on justices
of the Supreme Court. Or about the governor or any public official. You will not find it, that
particular instance in any of the two scenarios mentioned in Article 354. But Borjal is one
very important case on libel. Borjal established to us the Doctrine of Fair Comment. It
will only be a fair comment if it deals with a matter of public interest. So, if it is not a
matter of public interest but it’s about the private life of a private person, then that’s not
August 10, 2012
covered by the Doctrine of Fair Comment. Why? If it deals with a matter of public interest
and the comment is based on some established facts, that’s another indispensable
requirement. It must deal with a matter of public interest and the comment must be based
on some established fact. That even if the comment be later on found to be false, it still
covered under the doctrine of fair comment, therefore, privileged, and therefore, presumed
not defamatory. And therefore, not presumed to be malicious.

What about reporters? Are they covered by the doctrine of fair comment? It it’s a matter of
public interest, and guys, take note, it will be a matter of public interest if it involves
public officials, public funds and even private persons who are considered public
figures. So, if it’s a matter of public interest and the comment is based on some
established fact, and without violation of reckless disregard for truth, then that is also
covered by the Doctrine of Fair Comment.
-------------
Doctrine of Fair Comment (cont.)
If it’s a matter of public interest, and the comment was based on an established fact, and
without committing reckless disregard for truth – doctrine of fair comment
How to show that there is no reckless disregard for truth?
-When you endeavor to get the other side
-When you endeavor to get the facts of the controversy
What about the things you say on the internet?
SC rendered a decision that says there is no libel in the internet in the sense only
that you do not know the venue, because where is the first publication? How do you
prove where you first saw it?
But cured by, the passage of the new law RA 10175.
Malicious Prosecution
-do not confine it to crimes (but more predominant here)

August 10, 2012
-may also happen in civil cases
-may also be in disbarment cases (per SC decision)
SLAPP (Strategic Lawsuit Against Public Participation) A.M. 09-06

Scenario:
you file a case against a govt official, they in turn file a case against you for malicious
prosecution or libel
-if it is known that the suit against you was just intended to harass, vex, exert
undue pressure or stifle such legal reports - in the case filed against you, you can
claim that that case is a SLAPP
-court then is duty bound to determine first, before proceeding with the case,
whether indeed the counter-suit against you is a SLAPP
-must be determined by the court within 15 days from filing of the case; via
summary hearing
-if yes, court can:
Dismiss the counter-suit
Award damages in your favor (sometimes double the amount of damages asked for
by the one filing the case against you)
Breach of Contract
-also a ground for the grant of moral damages
-Art. 2220 – there can be an award of moral damages for breach of contract only if the
breach was done in bad faith or in fraud
-Art 1764 – gross negligence amounts to bad faith
Breach of Contract of Carriage
Scenario: airline cancelled the trip, you were not able to take the bar exams
---------------
As a result you miss attending your bar exam. There are those who fly in, fly out. Because
this airline cancelled the trip, I was not able to go to Manila. x x x What if you missed that
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flight? x x x What we will be discussing is the pain. x x x There’s wounded feelings there,
can you ask for more damages from the airline? No.
Not all breaches of contract will result to moral damages. It will be only be so if you are able
to show that there is bad faith, or was committed fraudulently, or if they were grossly
negligent, because in that case, gross negligence will amount to bad faith.

In your transpo class, any other situation where breach of contract will warrant the grant of
award of moral damages? Death.
So, bad faith or death.
And then by jurisprudence, gross negligence.
Because you’ve got SC saying gross negligence is akin to bad faith.
Other than that, no matter the wounded feelings, in cases of breaches of contract, no moral
damages. x x x
There’s no moral damages for breach of promise to marry, because there’s greater evil in
having to go through a loveless marriage. Except in the case of seduction, well then, there’s
moral damages.
This one is not for moral damages, this one is for actual damages, ‘cause they will
reimburse you for actual expenses. x x x
Analogous cases…
…Was it Lydia, the name of the girl in the case who was left by her boyfriend after she
sustained injuries, and so, for the injuries sustained, actual damages and moral damages
because moral damages would flow from the fact that her boyfriend left her, and court said,
my God, it’s hard to establish proximate cause. But aside from that, that it’s hard to
establish proximate cause, it cannot fall under any of the analogous cases.
But there’s a special reason why. In a declaration of nullity case, you cannot be asking for
moral damages against that psychologically incapacitated spouse of yours.
Why? Court said, by its very nature, it’s not meant to be intentional, it’s not
something that you willfully do, and because it’s not something that you will()?,
you cannot be asked to pay moral damages.
What’s the rule on corporations? Can there be moral damages?
The rule is, even if there be besmirched reputation, no grant of moral damages for
corporations because they can’t feel.
Except of course, in the case of libel against corporations, ‘cause this one you’ve got the
definition of libel, this one you can commit on natural or juridical persons and because you
can commit libel against a corporation, and libel is one of the grounds for which you can
August 10, 2012
grant moral damages, then there can be grant of moral damages to corporations if the basis
for the grant is that libel has been committed on a corporation.
If we trace it, SC said, juridical person is generally not entitled to moral damages,
because unlike a natural person, it cannot suffer physical suffering or sentiments,
does not have nervous system.

But if the ground is libel, and libel you can commit against a juridical person, then there can
be grant against moral damages because libel is one of the grounds permitted by law on the
grant of moral damages.
---------------------------------------------------e n d----------------------------------------------
Ma’am: Can you tell us the distinction of actual and moral damages?
Actual damages, we need proof but for moral damages actual proof of loss is not necessary,
the concept is more of a brand in the sense that you divert the attention of the one injured.
Ma’am: Your classmate said that actual loss in moral damages is not necessary. Is it correct
to say that actual loss is not necessary?
In moral damages there is a wrongful act.
Ma’am: so what’s the distinction then? Between the burden of proof, when you prove moral
damages and not actual damages?
Actual damages can be prove of documentary evidence, proceeds to modify how much
damages can be awarded, in moral damages we don’t need to provide any actual proof it is
enough that you experience damage in terms of emotions.
Ma’am: but that’s still a requirement of proof?
Yes but in terms of documentary evidence _______...
Ma’am: that’s why we say that the requirement of proof is more exact when in it
comes to actual damages, the nature of the injury result to be compensated in
moral damages. Let’s say for instance the scenario where the party or the one
claiming damages was able to establish that there is lost but unfortunately was
not able to prove such lost.
Temperate damages..
Ma’am: when you can’t prove actual damages, you go to temperate damages, may the
court award that?
Yes, if the injured party cannot provide actual documentary evidence to support the actual
damages they can go to temperate damages.
August 10, 2012
Ma’am: Let’s say for instance in the case of death, funeral expenses… Over those claims,
you cannot have actual damages, the court can grant temperate damages?
Yes.
Ma’am: if the court can’t grant actual damages for lack of documentary damages the court
however can substitute the award of actual damages with temperate? Feel ko no

Yes
Ma’am: What does it take then to prove temperate damages?
You must state to the court you suffered some losses but there will be ____ the events
subsequent to the injury to prove that you somehow add expenses.
Ma’am: it will be clear to say that to prove temperate damages all you need to
establish to the court is the certainty that you suffered loss. Sort of downgrading
because the court can grant you the full compensation for the loss because you
don’t have the receipts to substantiate your loss…. Lets proceed to moral
damages, instances where the court can grant moral damages. What are those
instances?
I think ma’am, it’s when, incurred emotional or mental loss because of the incident.
Ma’am: Okay the enumeration of the law when moral damages can be awarded, for as long
there is wounded feelings, anxiety.
I do not agree. My opinion, the grounds enumerated under the Civil Code are not exclusive
because there can be another circumstances, one of it, are such that, if it results in to
violate of ____, which also results to besmirch reputation, serious anxiety.
Ma’am: The specific ground of breach of contract. When is there moral damages??
When there is malice.
------------------
Analogous to the grounds enumerated in the law. So if it is something not analogous, you
cannot award moral damages?
- Student: yes.
Let’s look at the specific ground of breach of contract. Is moral damages due?
- Student: It would be due if there is malice attending that breach of contract.

August 10, 2012
Would that be right? So, there has to be willful act before you can claim for moral damages
arising from breach of contract. Except of course if there is death.
So if the act is not intentional? Remember that from the way the law has worded the grant
of moral damages in breaches of contract, it mentions of fraud and bad faith, requiring

therefore intent. But jurisprudence has evolved this concept that even though the act is
negligent, and therefore not intentional, if the negligence is gross it will be akin to bad faith.
What about breach of promise to marry? If there’s breach of contract to marry there’s no
way you can ask for moral damages? You have court saying you have breach coupled or
attended with seduction; that’s when the court may grant moral damages; otherwise, just
actual damages for actual expenses.
What about in cases of claims for moral damages by corporations?
- Student: General rule, they cannot be awarded with moral damages because
they do not feel wounded feelings because they do not have the nervous system.
- Exception would be when in the case of libel. In libel, it does not qualify whether
the award for damages would be for a natural or juridical person. It does say it
should award moral damages.
Can you commit libel against corporations?
- Student: Yes.
Because let’s take you back to your provisions of libel in the RPC. Who can be victims of
libel? You can commit this defamation against natural or juridical persons. And because
libel is something you can commit against a corporation, then you can award moral
damages to corporation, if the job (?) is of course libel.
In distinguishing moral from actual damages, the distinguishing feature is that actual, actual
it has to be the actual expenses, the actual loss, but not so in moral damages; you just
have to prove loss. Make no mistake. There is no exemption. You just have to prove loss.
But this means it does not have to be proven with exactitude. For instance you want to
claim damages for Php1M for wounded feelings, you’re not required to itemize what is
Php1M, because of the nature also of the loss.
August 10, 2012
But if you are claiming actual damages of Php1M, you just have to prove exactly why it’s
Php1M. And so again your classmate begs the question, what if I’m able to establish loss
and I’d like to claim Php1M but the receipts only showed actual expenses of let’s just say
Php450k?

- Student: I think based on the definition of actual damages, only that which is
proved may be proved, so only Php450k may be awarded.
So your classmates provided the solution that since no actual loss was established, but
there is in fact loss that was shown, then court can extend / backslide to temperate
damages. Do you agree?
- Student: No, in my understanding it is not temperate but nominal

damages, because temperate damages arise when the cause of loss,
there’s loss, but as to its very nature, you cannot ascertain how much is
the loss. For example what is lost is the goodwill of your business that
cannot be placed with exact monetary loss. There is certainly loss that is
suffered, therefore granting you temperate damages.
- There’s also another case that if you do prove that you have suffered
loss, in its very nature it can be ascertained, but you just are not able to
ascertain it for the court, then it’s not temperate but nominal damages.
Hold on, so in the example given, for instance somebody died, you’ve got a wake. In that
wake you spent for food and snacks. The fact of the matter is you spent for the wake, but
you didn’t have receipts. Like biko nga gipaluto ra sa silingan, you don’t have receipts for
those. Can the court instead award temperate damages?
------------
For instance, biko. You don’t have receipts for those. Can the Court award you instead
temperate damages?
For instance, somebody died. You have pictures of the casket. The Court is certain that you
really spent for the casket. But for one reason or another you were not able to present the
receipts to the Court. The thing is, that casket is worth P500,000.00. Court knows that
there must be a casket. Can the Court award temperate damages instead of actual?
Can the Court award temperate damages on the casket and not on the biko?
If the Court is really convinced, then the Court can grant.
Let’s say the Court is convinced, there are expenses and this coffin, nice looking one at that,
August 10, 2012
costs a hefty sum but no receipt was presented by the grieving widow. Can the Court, as
convinced as he is that there are expenses for the biko, grant temperate damages for the
coffin?
(The thing is, the one I told you about internet libel – Bonifacio vs RTC of Makati, Supreme
Court said, “there is no way of determining the situs of printing and first publication of the
things you publish in the web. So, it’s hard to have libel on the internet.” This was 2010.
Take note of this new law, RA 10175 [Cybercrime Prevention Act of 2012].)

The thing is, when we look at Art. 2224 of the Civil Code on temperate damages, we try to
contrast this with actual damages: it’s more than nominal but less than compensatory.
When the law says, “it’s more than nominal”, what then is nominal damages?
Nominal is to vindicate a right. Is it one to indemnify a loss? No.
What is then the purpose of temperate damages?
Note: Ang answers ani kay naa pa sa next part sa discussion. Q&A man ni but no correct
answer so far.
--------
Purpose of Temperate Damages: indemnification (very much like actual damages but-)
Difference why temperate is not compensatory:
-It is more than nominal (because nominal’s purpose is only to vindicate a right, not
indemnify a loss)
-But less than compensatory (because unlike actual damages, you cannot expect full
and adequate compensation in temperate damages)
you are not able to establish the loss with
certainty, you also cannot expect to get full recovery
Scenario:
 If there is no receipt for biko, can the court grant temperate damages to cover the biko?
-YES
-Art. 2224 – …court will grant temperate damages if it is convinced there is monetary loss
but the monetary loss is such, that by its very nature, it cannot be
August 10, 2012
proven with certainty
-BIKO – reasonable to say that it cannot be proven with certainty (there is usually no
receipt given for biko)

 If there is no receipt for coffee, can the court grant temperate damages to cover the
coffee?
-NO
-COFFEE – can be proven with certainty (usually there are receipts but - not presented)
-SC: You allow temperate damages, only if proof of loss cannot by its nature, be
adduced. If
there is however proof of loss that you did not present, then theoretically, and
by the
correct application of temperate damages – court should not award temperate
damages (for coffee)
You lost the chance for actual damages, neither should temperate substitute
for actual
simply because the receipt was not presented
Temperate is what we award when from the very nature of the loss there could
not
have been actual proof of loss
If by the nature of the loss, it can be proven with certainty and you did not, it
is error to
award temperate damages
August 10, 2012

--------------
Damages cannot be both actual and temperate, so I shouldn’t be seeing in your

pleadings…wherefore, it is respectfully prayed that the court grant actual and temperate
damages of this and that. They cannot co-exist. Any exception?
Corbita: The exception…where there is a chronic and continuing injury.
Right, in this one, rare, exceptional scenario, court said, we will, however grant
temperate damages to cover what kind of injury? To cover the future expenses, because the
injury that’s been proven is such that it is chronic, just as it is continuing. So what do you
think was the policy, or the motive that _ the court to grant alongside actual damages,
temperate damages?
Corbita: In the sense, that the act of the victim of taking care and the expenses incurred
cannot be ascertained.
Court said, you cannot ask them to go back to the court later on. Court is already convinced
the injury’s chronic and continuing. And so for the continuing expense and injury, court will
foresee that there will be expenses and loss and so you’ve got temperate damages for that.
But for loss already incurred and already established, because it can be established with
certainty that’s a portion for actual damages.
So the damages there covers expenses and losses of the continuing injury that has been
duly established.
You look at actual damages and the purpose is compensation. Whereas, temperate
damages the purpose is compensation although for a less adequate compensation because
you were not able show just exactly how much.
But then there’s one kind of damages or compensation that’s given by court not for
purposes of compensation but for purposes of vindicating one’s names and you call that
nominal damages.
Nominal damages is what we adjudicate in order to recognize the right of plaintiff, just
recognition that there is a right that has been violated.
We don’t want to compensate plaintiff for the loss suffered, because compensation
is not the objective of nominal damages.
Nominal damages is given in order to vindicate a right that’s been violated, just to give
justice to the right that’s been violated. Example?
August 10, 2012
Corbita: Dismissal for just cause.
Kung Authorized? Why would _ say granting nominal damages for a dismissal that is with
just cause or for authorized cause?
Corbita: Violation of procedural due process.

Just cause – 30k, dismissal is without notice, because the act is imputable to the employee
Authorized cause – management…so, 50k is awarded
So the scenario is, you’ve got an employee who tried to rape her(?) daughter and so you
fired him at once, didn’t even give him opportunity to explain, and yet you’re being asked
by the court to pay him 50k? Why?
Corbita: Because there’s a violation of procedural due proces …
So now you can see why it’s been said nominal damages is what you grant not to indemnify
one for the loss, but to vindicate one’s right.
Now, after it’s been shown for instance that you are entitled to nominal damages, dismissed
for authorized cause but without compliance of procedural process, because there was no
compliance of procedural process, you were not able to have the opportunity to look for a
job, so it’s taking quite sometime for you to find a job, let’s just say for instance you had to
wait for six months and so that’s a lot of hungry mouths to feed for six months, moral
anguish, whatever it is you feel there, can court also grant moral damages for the violation
of procedural due process alongside nominal damages?
Nominal and moral?
Corbita: Yes.
You can as well get moral damages. What do you say?
Balahadia: I think yes because basically the loss, when we say nominal cannot exist with
actual damages.
So of course you can as well get moral damages?
There is no actual damages alongside nominal damages, and the reason for that is why?
Balahadia: Because, basically both have different foundation where they have different basis
for the grant. So when we say nominal damages, it’s a vindication of a right and when we
say actual damages, it’s based on the loss that is experienced by the…
So when court grants nominal damages, it can still grant moral?
Balahadia: I think so.
(di na ko ka-hear sa voice ni Tibon)

August 10, 2012
This one you have to reckon with, 2223 of the CC says…(di na ko ka-hear sa iya gi-say, so
check na lang the provision.)
---------------------------------------------------e n d----------------------------------------------
Torts

October 4, 2012
Temperate Damages
 Less than actual damages, because you get less than the compensation for the
actual loss that you’ve suffered.
 More than nominal damages, because the purpose is not just vindication of right but
really compensation.
 CAUTION: it is granted for whenever there is actual loss that cannot be proven with
certainty
 When the court is convinced there truly is loss but it cannot be established
with certainty, not just because you did not establish it with certainty.
 Damages cannot be both actual and temperate
 EXCEPT: when the injury is chronic and continuing.
Nominal Damages
 To recognize a right, to vindicate an injury; precisely why it’s probably called

nominal.
 Once granted, it is meant already to preclude all further questions on any other
right;
 Precisely because court cannot see loss, only that there has been some
violation of a right.
Liquidated Damages
 What you agree upon to be paid to the person who suffered a loss in case of breach.
 All we have to do is establish that a condition in the contract that grants liquidated
damages exists.
 You need not show to the court the extent of the loss because you have already
agreed on it beforehand.
 CAUTION: just because you’ve agreed on it, it doesn’t mean that court is duty-bound
to award it.
August 10, 2012
 Court can reduce it if it is found to be iniquitous.
Exemplary Damages
 Goes by 3 names: exemplary, vindictive, and punitive.
 2 Important Purposes:

1) It is meant to serve as an example and therefore deter the public from
doing similar acts.
2) It is also meant to serve as a punishment.
 DISTINGUISH FROM MORAL:
 the purpose of moral is to restore your spiritual status quo ante; the purpose
is personal to the person.
 exemplary is more for the correction of the public good.
 Not a standalone damages.
 You must first show entitlement to moral, compensatory, before the court can even
consider granting you exemplary damages.
 BUT, simply because you’ve been granted moral, compensatory damages

doesn’t mean that you will be entitled to exemplary.
 That is something for the court to see after seeing the grounds for the grant
of exemplary damages, like you find in 2230 all the way to 2235.
 Cannot be renounced in advance.
 You cannot put in your contract “this is to renounce claims for exemplary
damages in the future …”
 If you do that, it’s null and void anyway, and so because it is against public
policy.
Assessment of Damages
 If there is contributory negligence, we said last time that it’s lower.
 Doctrine of Avoidable Consequences: even if you suffer the loss, dili ka pabaya; you
should also try to mitigate your own loss. Whenever it’s possible to lessen and
mitigate your loss, you should try to mitigate it.
NEVER EVER THINK IT’S IMPOSSIBLE. ALWAYS I’M POSSIBLE.

August 10, 2012

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Torts and Damages Transcription – September 1, 2012

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

The long and short of it is that you only have 2 defenses:

processor. But it’s still on the trial stage.

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

(Plagiarism – right, there’s no law, that’s an academic policy)

(Promise to marry to get her flower…)

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

(If you use it to get the flower.)

1. Conduct of the defendant that’s so severe

2. Pain or damage on the part of the plaintiff that’s so extreme

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

What is an extreme and outrageous conduct? Conduct so extreme and outrageous,

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

Torts and Damages Transcription – September 14, 2012

You are supposed to discuss many kind of mal-practice.

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

 Re: intubation in case of Ramos v. CA (cont’d):

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

1. Plaintiff’s Own Negligence

 Remember that D&C(?)/”raspa” procedure case wherein the patient didn’t

2. Reasonable Diligence / Lack of Fault of Respondent

3. Doctrine of Informed Consent

 What you find in the case of Lee (2011 case)

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

1. Decision on the original case

2. Decision on the motion for reconsideration

 And so in the MR, SC said there’s no employer-employee relationship and so

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

Agency principle of apparent authority / agency by estoppel

Imposes liability because of the actions of a principal or employer in somehow misleading

Administrative Matter No. 99-2-04 (passed 2004) –

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

(established facts: judicial admission; admitted by parties/not

refuted by parties; has been testified)

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

Torts and Damages Transcription – September 15, 2012

Can ask for damages???

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

Reference: 3 situations for the day’s discussion -

What is the injury here (referring to Situation 3)?

o No, they are not the same.

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

What is the injury, if there is? Would it be the same?

What do you think will create an injury there?

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

After ascertaining that there is injury, the next step is……..

He comes to you and asks you if he can file a case.

1.assume there is damage

2.assume there is injury

3.determine whether it is an injury which would bring about-

-those which are reasonably expected to occur in a given act or omission

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

injuries – bruises, incapacity etc. (categorized as general damages)

- no need to be specifically pleaded

- can be embraced in the general prayer

- same situation- but if complications arise eg. inability to bear a child

(categorized as special damages)

-must be specifically pleaded

-cannot be embraced in the general prayer

disTORTed & DAMAGEd – cabergas.duran.lucmayon.patac.tesalona.

X is a design consultant of Designia, Inc., a domestic corporation engaged in the